Union City Partition Lawyer

Partition Actions in Union City

Union City is a city located in the San Francisco Bay Area of California. It is situated in the eastern part of Alameda County, between Hayward and Fremont. Union City is the most populous city in the Tri-City area. The city is known for its diverse population, with over 50% of its residents being foreign-born. Union City is home to many parks, trails, and open spaces, as well as a variety of shopping and dining options. The city is also home to the Union Landing Shopping Center, which features a variety of stores and restaurants. Union City is a great place to live, work, and play.

According to Zillow, the median home value in Union City, California is $717,400 as of 2021. As of 2020, the population of Union City, California is estimated to be 79,917.

Experienced Real Estate Partition Action Attorneys Serving Union City

Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. California partition actions provide a legal mechanism for co-owners of real property to divide the property among themselves. The partition statutes allow a co-owner to file a lawsuit in court to have the property divided, either physically or by awarding each co-owner a certain percentage of the property’s value. The court will then order the property to be divided according to the co-owners’ wishes. The partition statutes also provide that if the court finds that a physical division of the property is not possible, it may order the property to be sold and the proceeds divided among the co-owners.

Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:

  • What are the tax implications of a partition action? It is best to seek the advice of a tax attorney or CPA about tax issues. However, the most common tax issues in partitions, like other sales, can involve capital gains taxes and the potential partial or full reassessment of property taxes.
  • Can I be forced into selling a jointly owned house? Under California’s Partition of Real Property Act, a co-owner will have a right to buyout the property. However, absent a buy out at the appraised price, a plaintiff will likely be able to force the sale of a jointly owned house.
  • What is the timeline for a California partition action? Most partition actions are resolved in 3 to 6 months by way of settlement. Other cases can take 6 to 12 months to obtain an interlocutory judgment of partition, which generally appoints a referee to sell the property.
  • What happens to any debts or liens on the property during a partition action? Secured debts are paid from the sale of the property. Secured lenders named in a partition action are generally dismissed with an agreement to pay the mortgage at the time of the sale.
  • How will the court in a California partition action determine how much each co-owner will receive from the sales proceeds? Generally, each co-owner will receive their fractional interest in the proceeds of sale based on their ownership interests. However, this amount can be enhanced or diminished by partition offsets whereby one co-owner paid more than their fractional interest for property expenses.

Speak to Our Union City Partition Attorneys Today

Call our Alameda County Partition Attorneys today to end your co-ownership dispute. You don’t pay until the house is sold!

Call us at (510) 999-3300 or contact us below to schedule a free, 15-minute consultation

    Kipp v. Kipp – Partition Action Case Study

    In the legal case of Kipp v. Kipp, 42 Cal.2d 724 (1954), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Mrs. Kipp, owned a one-third interest in a parcel of real property with her two sons, who owned the remaining two-thirds interest. Mrs. Kipp sought to partition the property, but her sons refused to consent. The court held that a partition of real property could be made without the consent of all the owners, provided that the partition was made in good faith and was fair and equitable to all parties. The court also held that the partition should be made in such a way as to minimize the economic loss to the non-consenting owners.

    Contact our Team of Experienced Partition Lawyers Serving the City of Union City, County of Alameda, California

    Our Union City partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Talkov law unlocks access to justice for co-owners by funding your case. For qualified cases, you pay no fees until we successfully partition your property by obtaining a sale on the market or to your co-owner! For a free consultation with California’s first and largest team of partition attorneys at Talkov Law at (510) 999-3300 or contact us online today.

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